Cast and crew enjoy a light moment on the set of The Man in the High Castle. The production company is now suing its accountant, claiming misappropriation of more than $900,000.Courtesy of MITHC / PNG

Marc Borja said he had planned to sort out the books when he returned from vacation. But the company considered his contract ended and filed the lawsuit when they discovered over $900,000 missing and dozens of cheques forged by Borja

A film industry accountant accused in a lawsuit of stealing almost $1 million from his former employer doesn’t deny taking money but says it’s not as much as the company alleges and he’s willing to pay it back out of future wages.

Marc Borja’s response to the civil claim filed last month in B.C. Supreme Court says the company has “all or most of the funds” it accuses him of taking and then fleeing to Mexico. And he said that if it hadn’t been for a colleague noticing something was amiss before he had a chance to sort out the books when he returned from Mexico, “none of these allegations would have been discovered.”

Borja also said in the response, which he prepared himself without a lawyer, that the company, Reunion MITHC 2 Productions, had failed to implement or enforce “basic accounting procedures to prevent fraud” and the other breaches of his duties he is accused of. He called the film industry “unique” because “it lacks accounting industry standards.”

The lawsuit alleges Borja had forged signatures on 44 company cheques totalling $912,665.58, committing fraud and breach of trust, fiduciary duty and contract. This after a colleague noticed suspicious vendor reports, deposits made to Borja’s numbered company, a disconnected phone number and a missing Facebook account.

The company’s investigation “revealed that Borja had been writing numerous unauthorized cheques to his company, 0992734, and to two men he was romantically involved with,” Harry Sutherland and Erik Hers, the company’s writ said. The lawsuit claims dating back to mid 2017, Borja forged signatures on fake cheques totalling $653,839.68 written to his own company, $59,100.90 to Sutherland and $199,725 to Hers.

The three men are being sued for the misappropriated funds, damages and punitive damages. None of the allegations have been proved in court.

In his response, Borja said Hers is a friend who was paid for approved work at Reunion. He also said he has been in a relationship with Sutherland for more than 30 years, and he told Sutherland the money he deposited in their joint account were paycheques, fees from his company “and/or casino and online gambling winnings.”

His court filing doesn’t refer to any specific dollar amounts.

Sutherland, a Vancouver filmmaker, has hired lawyer H. David Edinger and denies the allegations, according to a statement from his public relations firm Translucent PR.

Borja said the company, by freezing his assets, damaged his reputation, future relationships and job prospects and said it “intentionally sought (the freezing of assets) to get maximum media publicity for their show, Man in the High Castle.”

Borja also disputed the lawsuit’s “assumption” that there is an “imminent risk’” he and Sutherland were moving their assets to Mexico, or that he had disconnected his phone or permanently closed his Facebook account, stating he would always “temporarily deactivate my Facebook account as my birthday approaches.”

“All the plaintiff had to do was make a phone call,” he said.

Borja further said he thought he was still an employee when he left for his vacation on May 17. The company said his contract ended May 2 and that Borja worked without pay until May 17.

Fellow assistant accountant Isabelle Lebeau sounded the alarm when she noticed discrepancies in Borja’s work after he left.

“If Ms. Lebeau had not taken it upon herself to remove the items on my desk, none of the allegations would have been discovered,” Borja said in his response. “I was always under the impression that I would be able to finish my work once I got back from vacation.”

In his response, Borja did not deny the company’s statement that he “holds the misappropriated funds and any property or interest into which they were converted as constructive trustee for Reunion.”

But in response to “relief sought,” he wrote: “I have three films that are either in development and pre-production as producer as my assets. I will be willing to offer certain parts as ownership to the plaintiff.”

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